Brand Works App LLC- Nexus One User Agreement

Legalities 

Privacy Policy for Nexus One1. What Information Do We Collect?2. How Do We Use Your Information?3. How Do We Collect Your Information?4. Third-Party Sharing and Data Transfers5. How Do We Protect Your Information?6. Your Rights Under GDPR7. Children’s Privacy8. Changes to This Policy9. Limitation of LiabilityNexus One User License AgreementData Retention and Deletion PolicyData Use for AI Training PolicyPurpose and Scope of Data Retention and Use for AIUser Rights Related to Data Retention and AI TrainingReview and Updates to the Data Retention and AI PolicyNexus One Terms of Service1. Acceptance of Terms2. Changes to Terms3. Account Registration and Security4. License to Use Services5. Acceptable Use Policy6. Payments and Subscription Terms7. Data Retention and Deletion8. Intellectual Property9. Third-Party Services10. Privacy and Data Use11. Security and Liability12. Limitation of Liability13. Indemnification14. Termination15. Governing Law and Dispute Resolution16. MiscellaneousRefund and Cancellation PolicySecurity PolicyCookie PolicyService Level Agreement (SLA)Intellectual Property (IP) PolicyAccessibility PolicyAccessibility PolicyThird-Party Integrations PolicyGDPR Compliance Policy

Privacy Policy for Nexus One

Last updated: 10/16/2024

Nexus One, a service provided by Brand Works, ("Company," "we," "us," or "our") offers website building, point of sale (POS), business utilities, accounting, human resources (HR), and payroll services. This Privacy Policy describes how we collect, use, and share your information when you visit or use our services ("Services").

1. What Information Do We Collect?

We may collect the following types of personal information:

  • Contact information: Name, email address, phone number.
  • Account data: Username, password, business name, and address.
  • Payment information: Credit card details or payment processor information.
  • Usage data: Browser type, IP address, device information, and logs of user activity.
  • Business Data: HR and payroll data for internal business use.

We collect this information to provide services, improve your experience, and comply with legal requirements.

2. How Do We Use Your Information?

We process your personal information for the following purposes:

  • To provide and maintain our Services.
  • To process transactions and manage your account.
  • For business operations such as HR, payroll, and accounting.
  • To improve service quality and user experience.

Disclaimer: We are not liable for any damages arising from the use or inability to use our services, including but not limited to system errors or downtime, unless caused by gross negligence or intentional misconduct on our part.

3. How Do We Collect Your Information?

We collect information in the following ways:

  • Directly from you: When you register, purchase services, or provide business data.
  • Automatically: Via cookies, log files, and analytics tools like IP addresses and usage data.

You may refuse to provide certain information, but this may limit your ability to use our services.

4. Third-Party Sharing and Data Transfers

We may share your information with trusted third parties (e.g., payment processors, cloud service providers) to process transactions and deliver services.

Note: We ensure that all third-party providers comply with relevant data protection laws, but we are not responsible for any breaches or violations on the part of third parties.

5. How Do We Protect Your Information?

We implement strict security measures to safeguard your personal data. However, no system is completely secure. While we strive to protect your personal information, we cannot guarantee its absolute security, and we disclaim liability for breaches beyond our reasonable control.

6. Your Rights Under GDPR

If you are a resident of the European Economic Area (EEA), you have certain data protection rights, including:

  • The right to access, update, or delete your personal information.
  • The right to withdraw consent for data processing at any time.
  • The right to request restriction of processing and data portability.

To exercise your rights, please contact us at [contact information].

7. Children’s Privacy

Our Services are not intended for individuals under the age of 18, and we do not knowingly collect data from minors. If you believe that we have collected data from a minor, please contact us immediately, and we will take steps to remove such data.

8. Changes to This Policy

We may update this Privacy Policy periodically. We will notify you of significant changes by posting the new policy on our website. It is your responsibility to review this policy regularly.

9. Limitation of Liability

To the maximum extent permitted by law, Nexus One and Brand Works shall not be liable for any indirect, incidental, or consequential damages arising from the use of our Services, including any loss of data, business interruptions, or issues related to third-party software or systems integrated with our services.

Nexus One User License Agreement

Last Updated: 09-11-2024

This User License Agreement ("Agreement") is a legal contract between you ("Licensee," "User," "you," or "your") and Brand Works, operating Nexus One ("Licensor," "Company," "we," or "us"). By using the Nexus One services ("Services"), you agree to be bound by the terms and conditions outlined in this Agreement.

1. Grant of License

Subject to the terms of this Agreement, the Licensor grants you a non-exclusive, non-transferable, revocable license to use the Nexus One Services for a period of 30 days ("License Period") provided that payment is received in full.

  • Payment Requirement: The License Period will begin from the date payment is received. You will have a 7-day grace period to complete the payment at the start of each subscription cycle.
  • License Duration: The license is valid for 30 days and will automatically terminate if payment is not received within the grace period.

2. Likeness and Usage Restrictions

You are strictly prohibited from using Nexus One’s name, likeness, or branding in any way that could damage or tarnish the reputation of the Licensor or Nexus One.

  • You agree not to use the Services for illegal, unethical, or harmful purposes.
  • Any breach of this provision will result in immediate termination of your license without refund, and may subject you to legal action.

3. Data Retention and Deletion Policy

Upon termination of this Agreement or expiration of your license:

  • Data Collection Period: You will have 60 days from the end of your License Period to collect any data you have stored on our systems.
  • Data Deletion: After the 60-day collection period, all your data will be permanently deleted from our systems without further notice. We will not be responsible for data loss after this period.

4. User Security Responsibilities

Each Licensee is responsible for maintaining the security of their account. This includes:

  • Using strong, long passwords (at least 12 characters) and changing them monthly.
  • Implementing proper security protocols for the protection of data and systems under your control.

Failure to follow these security protocols will shift full liability for any security breaches, data loss, or other damages to you, the Licensee. The Licensor assumes no responsibility for damages arising from user negligence, including weak passwords, failure to change passwords, or unauthorized access due to insufficient security measures.

5. Licensor Liability and System Failures

The Licensor will only assume liability for system failures that result directly from issues within our system architecture, hosting services, or platform failures.

  • System Failures: We are liable for direct damages caused by system-wide failures, excluding incidents where you, the Licensee, fail to maintain your own account security or integrity.
  • Security Compliance: If you do not maintain proper security as described in Section 4, including strong passwords and regular updates, you assume full responsibility for any damages or losses incurred.

6. Termination and Renewal

  • Automatic Termination: If payment is not received by the end of the 7-day grace period, your license will automatically terminate.
  • Renewal: Licenses may be renewed for additional 30-day periods, subject to payment being received within the required timeframe.

7. Limitation of Liability

To the fullest extent permitted by law:

  • The Licensor shall not be liable for indirect, incidental, or consequential damages, including but not limited to data loss, service interruptions, or unauthorized access caused by your failure to maintain account security.
  • The Licensor assumes no liability for misuse of the Services, nor any unauthorized actions performed by third parties due to Licensee’s negligence.

8. Dispute Resolution and Governing Law

This Agreement will be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts in [Jurisdiction].

9. Miscellaneous

  • Severability: If any part of this Agreement is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Entire Agreement: This Agreement constitutes the entire agreement between the Licensor and Licensee and supersedes any prior agreements or understandings.

Data Retention and Deletion Policy

1. Data Retention

We retain user data for a period that is necessary to fulfill the purposes outlined in our Privacy Policy and other legal and business obligations. Specifically:

  • Personal Data: We will retain personal information for as long as you maintain an active account with Nexus One. Upon account termination or inactivity, we will retain your data for 60 days to allow you to collect your data. After this period, all personal data will be permanently deleted from our systems.
  • Business Data: Any business-related data (e.g., HR, payroll, accounting information) will be retained for the duration of your subscription or as required to fulfill regulatory and legal obligations.

2. Data Deletion Requests

You have the right to request the deletion of your personal data at any time by contacting us. Once a request is made:

  • We will delete your data within 30 days, unless the data is required to comply with legal obligations, resolve disputes, or enforce agreements.
  • After deletion, all backups will be purged within 60 days.

3. Backup and Recovery

We maintain secure backups of all data to ensure recovery in case of system failure. These backups are stored for 60 days, after which they are purged. Backup data is encrypted and stored in secure facilities. Deleted user data will be removed from these backups within 60 days after termination of the user account.

Data Use for AI Training Policy

1. Use of Anonymized Data

To improve the services we offer, we may use aggregated and anonymized user data for the purpose of training our artificial intelligence (AI) models. This data helps us:

  • Optimize the performance of Nexus One’s features, such as the website builder, POS systems, accounting, HR, and payroll functions.
  • Develop new functionalities and enhance the overall user experience.

2. Data Anonymization

Before using any data for AI training:

  • Personal Identifiable Information (PII) will be completely removed, including names, email addresses, phone numbers, and any other identifiable information.
  • We ensure that no personal data will be used in a way that can be traced back to any individual user.

3. User Rights and Opt-Out

You have the right to opt-out of having your anonymized data used for AI training. To do so, please contact us at [Contact Email]. Opting out will not affect your ability to use our services.

Purpose and Scope of Data Retention and Use for AI

1. Purpose of Data Retention

  • Service Provision: We retain user data to provide and improve our services, comply with legal requirements, and ensure business continuity.
  • Legal Compliance: Certain data may be retained for longer periods to comply with financial, regulatory, or contractual obligations.

2. AI Model Training

Nexus One uses aggregated, anonymized data to enhance machine learning models and improve service features. This training helps us:

  • Predict user needs and offer personalized recommendations.
  • Optimize backend systems like the POS and payroll processing tools.

Important: AI training data is stripped of all personal identifiers before being processed.

User Rights Related to Data Retention and AI Training

Under applicable data protection laws, such as the General Data Protection Regulation (GDPR), you have specific rights regarding the use and retention of your data, including:

  • Right to Access: You may request access to any personal information we store about you.
  • Right to Deletion: You may request the deletion of your personal data at any time. After such a request, we will permanently remove your personal data within 30 days, except where legally required to retain it.
  • Right to Object: You may object to the processing of your anonymized data for AI training purposes. Contact us at [Contact Email] to exercise this right.

We take your privacy seriously and ensure that all data used in AI training is handled in accordance with applicable data protection laws.

Review and Updates to the Data Retention and AI Policy

We periodically review and update this policy to reflect changes in our business practices, legal obligations, and data security standards. Any changes to this policy will be posted on our website, and you will be notified via email or in-app notifications of any significant changes.

Nexus One Terms of Service

Last Updated: 10/16/2024

Welcome to Nexus One, a service provided by Brand Works ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website, products, and services (collectively, "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree, you must cease using the Services.

1. Acceptance of Terms

By using Nexus One Services, you confirm that you are at least 18 years old and that you agree to abide by these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to update or modify these Terms at any time. If we make significant changes, we will notify you via email or through in-app notifications. Your continued use of the Services following such updates constitutes your acceptance of the revised Terms.

3. Account Registration and Security

You must register for an account to access certain features of Nexus One. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain the security of your account, including keeping your password confidential.
  • Notify us immediately of any unauthorized use of your account or security breaches.

User Responsibility for Security: You are responsible for maintaining the security of your account by using strong, unique passwords and changing them monthly. Failure to follow these security practices may result in the loss of access to your account and may shift liability for any breaches to you.

4. License to Use Services

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited license to access and use the Nexus One Services for business purposes. This license is granted for a 30-day period, provided full payment has been received.

License Conditions:

  • The license will automatically terminate if payment is not received within a 7-day grace period.
  • Upon termination, you have 60 days to download any data before it is permanently deleted from our systems.

5. Acceptable Use Policy

You agree not to use the Services for any unlawful, harmful, or prohibited activities, including but not limited to:

  • Impersonating any person or entity.
  • Infringing on any intellectual property or proprietary rights.
  • Transmitting malicious software or engaging in hacking or phishing.
  • Using the Services in any manner that harms our reputation, employees, users, or third parties.

Prohibited Usage of Likeness: You are prohibited from using Nexus One’s likeness, branding, or reputation for harmful purposes or in ways that damage or tarnish our image.

6. Payments and Subscription Terms

  • Payment: You agree to pay all fees associated with the Services. Subscription fees are due before the start of each 30-day license period.
  • Grace Period: If payment is not received, you will have a 7-day grace period before your account is suspended.
  • Renewal: Licenses are renewed automatically every 30 days upon successful payment.

Refunds: Refunds will not be issued for any unused portion of the subscription or for accounts terminated for violating these Terms.

7. Data Retention and Deletion

  • Upon the expiration or termination of your subscription, you will have 60 days to retrieve your data. After this period, all data will be permanently deleted from our systems.
  • We are not liable for any data loss resulting from your failure to download your data within this period.

8. Intellectual Property

All content, code, designs, and trademarks on Nexus One are owned by or licensed to Brand Works. You are granted no rights to use our intellectual property, except as expressly provided in these Terms.

  • You may not copy, reproduce, or redistribute our content without prior written consent.

9. Third-Party Services

Nexus One may integrate with third-party services (e.g., payment gateways, HR tools). You acknowledge that we are not responsible for the performance, security, or reliability of any third-party services.

  • Your use of third-party services is governed by the terms and conditions of those providers, and we are not liable for any issues arising from those services.

10. Privacy and Data Use

We collect, store, and use personal data in accordance with our [Privacy Policy]. We also use anonymized data to improve our AI models and enhance the Services. Personal information is not included in data used for AI training.

By using the Services, you agree to the terms of our Privacy Policy, including our use of anonymized data for machine learning and service improvements.

11. Security and Liability

We take reasonable measures to secure your data and ensure the availability of our Services. However, no system is completely secure, and we cannot guarantee protection against unauthorized access, data breaches, or system failures.

User Responsibility:

  • You are responsible for maintaining your own security, including using long, strong passwords and updating them monthly.
  • Failure to do so shifts liability for any breaches or data loss to you.

System Failures: We are only liable for damages caused by system-wide failures directly under our control. We are not responsible for security breaches, data loss, or damage caused by your failure to adhere to security best practices.

12. Limitation of Liability

To the fullest extent permitted by law:

  • We shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of data, revenue, or business opportunities.
  • In no event shall our liability exceed the amount paid by you for the Services in the last 12 months.
  • You assume full responsibility for ensuring your account’s security and maintaining compliance with these Terms.

13. Indemnification

You agree to indemnify and hold harmless Nexus One, Brand Works, and their employees, agents, and affiliates from any claims, damages, liabilities, costs, and expenses arising from:

  • Your use or misuse of the Services.
  • Your violation of these Terms.
  • Any breach of your security obligations.

14. Termination

We reserve the right to suspend or terminate your account if you violate these Terms, fail to pay subscription fees, or engage in harmful or illegal activities. Upon termination, all rights granted to you will cease immediately, and your access to the Services will be revoked.

15. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising from these Terms will be resolved through binding arbitration in [City, State], unless otherwise required by law.

16. Miscellaneous

  • Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
  • Entire Agreement: These Terms, along with our Privacy Policy and License Agreement, constitute the entire agreement between you and Nexus One regarding the use of our Services.
  • Waiver: Our failure to enforce any provision of these Terms will not be considered a waiver of our rights.

By using Nexus One’s Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.

Contact Information: If you have any questions regarding these Terms, please contact us at ByronGuerrero@brandworks.app


Refund and Cancellation Policy

Last Updated: 09-11-24

This Refund and Cancellation Policy outlines the terms for canceling your subscription to Nexus One Services and requesting refunds, where applicable.

1. Subscription Payments

All payments for Nexus One Services are due in advance, and services are provided on a 30-day subscription basis. Payment must be received before the start of each subscription period.

2. Refund Eligibility

  • No Refunds for Subscription Fees: Nexus One does not issue refunds for subscription fees once payment is received. This includes any partial subscription periods, account suspensions, or cancellations that occur during an active billing cycle.
  • No Refunds for Surcharges or Fees: Refunds are not offered for surcharges, Nexus One fees, or cash advance fees. These fees are non-refundable under all circumstances.
  • Special Circumstances: Refunds may be considered on a case-by-case basis for technical issues that prevent the use of Nexus One’s Services due to system-wide failures, provided the issue is not caused by the user’s failure to maintain account security or comply with these Terms.

3. Subscription Cancellation

You may cancel your subscription to Nexus One at any time. Cancellation requests must be submitted through your account dashboard or by contacting us at Byronguerrero@BrandWorks.app.

  • Effect of Cancellation: Upon cancellation, your license will remain active until the end of the current billing cycle. No refunds will be issued for any unused portion of your subscription.

4. Grace Period

  • 7-Day Grace Period: If you fail to make a payment by the end of the subscription period, you will have a 7-day grace period to submit payment. During this time, your account will remain active. If payment is not received within the grace period, your account will be suspended, and you will lose access to the Services.

5. Data Retention After Cancellation

  • 60-Day Data Retention: After the cancellation or expiration of your subscription, you will have 60 days to download any data you have stored on our platform. After this period, all data will be permanently deleted from our systems.


Security Policy

Last Updated: 10-14-24

This Security Policy outlines how Nexus One protects your data and your responsibilities in maintaining the security of your account and the services we provide.

1. Our Commitment to Data Security

We are committed to implementing and maintaining reasonable security measures to protect the personal data we collect, store, and process. These measures include:

  • Encryption: All data transmitted between your browser and our servers is encrypted using SSL/TLS protocols.
  • Data Storage: Personal and business data is stored in secure cloud servers that comply with industry standards for physical and network security.
  • Access Control: Only authorized personnel have access to sensitive data, and we implement role-based access control to ensure data is accessed on a need-to-know basis.

2. User Responsibilities

While we take security seriously, you, as the user, play a critical role in protecting your account and data. To ensure the security of your Nexus One account, you agree to:

  • Use Strong Passwords: You are responsible for using a strong password of at least 12 characters, including a combination of uppercase and lowercase letters, numbers, and symbols.
  • Password Changes: You must change your password at least once a month to ensure account security.
  • Two-Factor Authentication (2FA): We highly recommend enabling two-factor authentication (2FA) for an additional layer of security.
  • Secure Access: Do not share your login credentials with others, and always log out of your account when using a public or shared device.
  • Backups: You are responsible for maintaining regular backups of your website and data, especially after significant updates. The backup feature can be accessed in Settings > Technical > Schedule Actions > Backup > Run Manually. If you need assistance in performing backups, please contact support@brandworks.app. Nexus One will not be held liable for any data loss resulting from your failure to perform regular backups.

Failure to adhere to these security best practices may result in unauthorized access to your account, and Nexus One is not liable for any damages caused by such unauthorized access due to user negligence.

3. Incident Response

In the event of a data breach or security incident, we will:

  • Notification: Notify affected users as soon as reasonably possible after we become aware of the breach.
  • Mitigation: Take immediate steps to mitigate the breach and prevent further unauthorized access.

4. User Liability for Security Failures

If you fail to maintain adequate security measures, including using weak passwords, failing to change passwords monthly, or not enabling 2FA, you assume full responsibility for any security breaches, data loss, or damages resulting from these failures.

Nexus One assumes no liability for damages or losses caused by your failure to comply with the security measures outlined in this policy.

5. Our Liability for System Failures

Nexus One will only assume liability for damages caused by system-wide failures directly under our control. We are not responsible for security breaches, data loss, or other damages caused by:

  • Your failure to follow security best practices.
  • Unauthorized access resulting from weak or compromised passwords.
  • Third-party services integrated with Nexus One (e.g., payment gateways or HR tools).

6. Security Audits

We regularly audit our security protocols to ensure compliance with industry standards. However, no system is completely secure, and we cannot guarantee the absolute security of your data.

7. Questions or Concerns

If you have any questions or concerns regarding the security of your data or our systems, please contact us at support@brandworks.app.

Cookie Policy

Last Updated: 10/16/2024

This Cookie Policy explains how Nexus One, operated by Brand Works ("we," "us," or "our"), uses cookies and similar tracking technologies when you visit our website or use our services. By using our website or services, you agree to the use of cookies as described in this policy.

1. What Are Cookies?

Cookies are small text files that are placed on your device (computer, tablet, or mobile) when you visit a website. Cookies are widely used to make websites work more efficiently, as well as to provide information to the website’s owners.

We also use similar tracking technologies, such as web beacons, pixels, and tags (collectively referred to as “cookies” in this policy).

2. Types of Cookies We Use

We use the following types of cookies:

a. Essential Cookies

These cookies are necessary for the website to function properly. They enable you to navigate the site and use its features, such as accessing secure areas. Without these cookies, certain services like user account login and payment processing cannot be provided.

  • Examples: Session cookies, authentication cookies.

b. Performance and Analytics Cookies

These cookies collect information about how you use our website, such as which pages you visit most often. We use this data to improve the performance and usability of our services. These cookies do not collect personal information—information collected is aggregated and anonymized.

  • Examples: Google Analytics, internal analytics systems.

c. Functionality Cookies

Functionality cookies allow the website to remember choices you make, such as language preferences or the region you are in. This helps us provide a more personalized experience for you.

  • Examples: Saving your preferred language settings or remembered login details.

d. Marketing and Advertising Cookies

These cookies are used to deliver advertisements that are relevant to you and your interests. They also help us measure the effectiveness of our advertising campaigns. These cookies may be set through our site by our advertising partners and third-party services.

  • Examples: Facebook Pixel, Google AdWords.

3. Why Do We Use Cookies?

We use cookies for the following purposes:

  • To enable essential website functions like login, form submissions, and payment processing.
  • To analyze website traffic and usage to help us improve performance and user experience.
  • To remember your preferences and provide a more personalized experience.
  • To deliver targeted advertising that is relevant to you based on your browsing behavior.

4. Third-Party Cookies

Some cookies we use are placed by third-party services, such as:

  • Google Analytics: We use this service to track website traffic and usage. Google may collect data on your browsing activity, including your IP address.
  • Advertising Partners: Third-party advertisers may place cookies on your device to deliver relevant ads based on your activity on our site and across the web.

We do not control these third-party cookies, and their use is governed by the privacy policies of the respective third parties. For more details, you can consult the privacy policies of the third-party providers:

5. Managing and Disabling Cookies

You have the right to manage and disable cookies on your device. Most web browsers allow you to control cookies through the browser settings. Here’s how you can manage cookies:

  • Browser Settings: You can change your browser settings to refuse cookies or to alert you when cookies are being used. Refer to your browser’s help section for instructions on how to do this.
  • Opt-Out Links: Some third-party providers offer opt-out mechanisms for tracking cookies. For example, you can opt out of Google Analytics by installing the Google Analytics Opt-Out Browser Add-on.

Please note that if you choose to disable cookies, some features of our website may not function properly or be available to you.

6. Cookie Consent

When you first visit our website, you will be asked to consent to the use of cookies. You can manage or withdraw your consent at any time by adjusting your browser settings or using our cookie management tool (if applicable).

7. Updates to This Cookie Policy

We may update this Cookie Policy from time to time. Any changes will be posted on this page, and we will notify you of any significant changes by email or through the website. It is your responsibility to review this policy periodically.

8. Contact Us

If you have any questions or concerns about our use of cookies, please contact us at Support@BrandWorks.app

Service Level Agreement (SLA)

Effective Date: 09-11-24

This Service Level Agreement ("SLA") is a policy governing the use of Nexus One, operated by Brand Works ("Company," "we," "us," or "our"). This SLA defines the performance and availability standards we commit to providing and your rights as the customer in the event we do not meet these commitments.

1. Service Availability

We strive to ensure that the Nexus One services are available 99.9% of the time ("Service Commitment"). This means the platform will be accessible and operational at least 99.9% of the time during any monthly billing cycle.

  • Normal Business Hours: We define our business hours as 24/7, including weekends and holidays, as our Services are designed to be operational at all times.
  • Scheduled Maintenance: Occasionally, we will need to perform maintenance on our systems to improve the performance and security of the Services. We will provide at least 48 hours of notice for scheduled maintenance that may cause downtime, except in the case of emergency maintenance.

2. Downtime and Service Credits

If Nexus One experiences downtime resulting in less than 99.9% uptime in a given billing cycle, you may be eligible for a service credit. Downtime refers to periods when all of your Services are unavailable or inaccessible due to failures within our infrastructure.

Service Credits:

  • 99.0% to 99.9% uptime: 10% credit of your monthly fee.
  • 95.0% to 98.9% uptime: 25% credit of your monthly fee.
  • Below 95.0% uptime: 50% credit of your monthly fee.

To claim a service credit, you must submit a request to support@Brandworks.app within 15 days of the end of the affected billing cycle, including details about the downtime. We will review your claim and respond within 10 business days.

Service Credits Limitations:

  • Service credits cannot exceed 50% of your monthly subscription fee for the affected billing cycle.
  • Service credits will be applied to future invoices; no refunds will be provided.

3. Exclusions

The following circumstances are excluded from the uptime guarantee and do not qualify as downtime:

  • Scheduled Maintenance: Properly announced maintenance periods, provided we give 48 hours' notice.
  • User Error: Issues caused by misuse, configuration errors, or violations of our Terms of Service.
  • Third-Party Services: Any outages or failures related to third-party integrations or providers (e.g., payment gateways, HR tools).
  • Force Majeure: Events outside of our reasonable control, such as natural disasters, wars, acts of terrorism, civil unrest, strikes, or government action.
  • Security Breaches: Downtime resulting from security incidents or breaches due to user negligence, such as weak passwords or failure to secure login credentials.

4. Support Response Times

We are committed to providing timely support to all our customers. Our support team is available 24/7 via email at support@Brandworks.app.

Response Time Targets:

  • Critical Issues (e.g., complete system outage): Response within 1 hour.
  • High Priority Issues (e.g., major features not working, significantly affecting business): Response within 4 hours.
  • Medium Priority Issues (e.g., non-critical features, bugs, or usability issues): Response within 1 business day.
  • Low Priority Issues (e.g., general inquiries, feature requests): Response within 2 business days.

5. User Responsibilities

To ensure high-quality service delivery, users must:

  • Maintain the security of their accounts, including the use of strong passwords and regular updates.
  • Report any service issues promptly to our support team.
  • Ensure that their systems and third-party integrations meet the minimum system requirements for the Nexus One Services.

Failure to comply with these responsibilities may result in delays in issue resolution or ineligibility for service credits.

6. Termination and SLA Modification

This SLA remains in effect for the duration of your subscription with Nexus One. We reserve the right to update this SLA at any time. Changes to the SLA will be posted on our website and will take effect at the start of your next billing cycle.

7. Governing Law and Dispute Resolution

This SLA is governed by the laws of the State of Florida, United States. Any disputes arising from this agreement will be resolved through binding arbitration in Lakeland, Florida, unless otherwise required by law.

Contact Information

For any questions regarding this SLA, please contact us at Support@BrandWorks.app.

Intellectual Property (IP) Policy

Effective Date: 09-11-24

This Intellectual Property (IP) Policy outlines the ownership, usage, and restrictions related to the intellectual property of Nexus One, operated by Brand Works ("Company," "we," "us," or "our"). By using our services, you agree to comply with this IP Policy.

1. Ownership of Intellectual Property

All intellectual property, including but not limited to trademarks, logos, content, software, designs, source code, and other proprietary technologies provided by or accessible through the Nexus One platform ("Intellectual Property"), is owned by Brand Works or its licensors. This includes:

  • Brand Marks: Nexus One's name, logo, and all related names, logos, and slogans.
  • Software and Technology: The Nexus One website builder, POS system, accounting, HR, payroll tools, and any underlying source code.
  • Content: Any text, graphics, design elements, audio, and video content created and provided by Brand Works.

2. Permitted Use of Intellectual Property

Brand Works grants you a limited, non-exclusive, non-transferable license to use the Intellectual Property solely in connection with your authorized use of the Nexus One services. This license is subject to the following conditions:

  • You may use our platform and services for business purposes in accordance with our Terms of Service and this IP Policy.
  • You may display our brand logo and trademarks solely for purposes related to the promotion and use of our services, provided that the use is non-disparaging and non-commercial.

3. Prohibited Use of Intellectual Property

You are expressly prohibited from:

  • Modifying, copying, or redistributing any part of our Intellectual Property without prior written permission from Brand Works.
  • Reverse engineering, decompiling, or disassembling any of the software or technology provided as part of our services.
  • Using the Nexus One name, logo, or any other brand identifiers in a manner that is misleading, defamatory, or harmful to the reputation of Brand Works.
  • Creating derivative works based on our software, content, or other proprietary materials.

4. Protection of Intellectual Property

Brand Works takes the protection of its Intellectual Property seriously. If we determine that you have infringed upon our IP rights, we reserve the right to:

  • Terminate your account and access to our services immediately.
  • Pursue legal action to recover damages resulting from the unauthorized use or infringement of our IP.

We actively monitor the unauthorized use of our Intellectual Property and will take appropriate legal action to protect our rights.

5. User-Generated Content

If you submit, post, or share any content through Nexus One services (e.g., on a website you build using our platform), you retain ownership of that content. However, by submitting content, you grant Brand Works a worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute your content for the purpose of providing and improving the Nexus One services.

You represent and warrant that:

  • You own or have the necessary rights to all content that you upload or share through our services.
  • Your content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

6. Reporting IP Infringements

If you believe that your intellectual property has been infringed upon by a user of Nexus One or by Brand Works, please contact us immediately at support@Brandworks.app with the following information:

  • A detailed description of the intellectual property and the nature of the infringement.
  • Documentation proving your ownership of the intellectual property in question.
  • Contact information (name, address, email, phone number).

Upon receiving your claim, we will investigate and take the appropriate action, which may include removing the infringing content or terminating the user’s account.

7. Third-Party Intellectual Property

Some services or content available through Nexus One may include third-party intellectual property (e.g., plugins, APIs, or third-party integrations). You agree to comply with any additional terms or conditions imposed by third-party providers related to the use of their intellectual property.

Nexus One and Brand Works assume no liability for any misuse or infringement of third-party intellectual property by you or any other user.

8. Modifications to This Policy

We reserve the right to update or modify this IP Policy at any time. Any changes will be posted on our website and will take effect immediately. It is your responsibility to review this policy periodically to ensure compliance.

Contact Information

If you have any questions or concerns regarding this Intellectual Property Policy, please contact us at Support@BrandWorks.app.


Accessibility Policy

Effective Date: 09-11-24

At Nexus One, operated by Brand Works ("we," "us," or "our"), we are committed to ensuring that our platform is accessible to all users, including individuals with disabilities. This Accessibility Policy outlines our efforts to comply with recognized web accessibility standards and make our services usable by people of all abilities.

1. Commitment to Accessibility

We are dedicated to providing an inclusive user experience for all individuals, including those with disabilities. To ensure that Nexus One is accessible:

  • We follow the Web Content Accessibility Guidelines (WCAG) 2.1, which provide recommendations for making web content more accessible to individuals with a variety of disabilities.
  • We regularly test and update our platform to maintain and improve accessibility.

2. Accessibility Features

Nexus One incorporates the following features to support users with disabilities:

  • Keyboard Navigation: Our platform supports keyboard-only navigation for users with mobility impairments.
  • Screen Reader Compatibility: Our website is designed to be compatible with screen readers used by individuals who are blind or visually impaired.
  • Text Alternatives for Non-Text Content: We ensure that images, icons, and other non-text content have text descriptions (e.g., alt text) that screen readers can interpret.
  • Scalable Text: Users can adjust the text size to accommodate their vision preferences using browser settings or assistive technology.
  • Accessible Forms: All form fields on the platform are clearly labeled to ensure that users with assistive technology can fill out forms accurately.

3. Third-Party Tools and Accessibility

While we strive to ensure that all integrated third-party tools and services are accessible, we cannot guarantee the accessibility of third-party services or content that we do not control. However, we review the accessibility features of third-party services used on our platform and aim to work with providers that prioritize accessibility.

4. Ongoing Efforts

We recognize that web accessibility is an ongoing effort. We:

  • Continuously assess and improve the accessibility of our platform through regular audits and feedback.
  • Stay up to date with the latest developments in accessibility standards and technology.

5. Feedback and Support

We welcome feedback from users on how we can improve accessibility. If you experience any difficulties using Nexus One or have suggestions for enhancing accessibility, please contact us at Support@BrandWorks.app.

  • We will review and address any reported accessibility issues as soon as possible.
  • We strive to provide personalized assistance to users who may encounter difficulties with our platform.

6. Alternative Formats

If you are unable to access any part of the Nexus One platform or require materials in an alternative format (e.g., large print, accessible PDFs), please reach out to our support team at Support@BrandWorks.app. We will make every effort to accommodate your request in a timely manner.

7. Legal Compliance

This policy is aligned with the accessibility laws and regulations that apply to digital services, including:

  • Americans with Disabilities Act (ADA): In the United States, we strive to meet the accessibility requirements set forth by the ADA.
  • Section 508 of the Rehabilitation Act: We aim to meet Section 508 standards, which require federal agencies and their contractors to ensure that electronic and information technology is accessible to people with disabilities.

8. Review and Updates

We will periodically review and update this Accessibility Policy to ensure ongoing compliance with evolving accessibility standards. Users will be notified of significant changes through our website or email.

Contact Information

If you have any questions about this Accessibility Policy or require assistance, please contact us at support@Brandworks.app.

Accessibility Policy

Effective Date: 09-11-24

At Nexus One, operated by Brand Works ("we," "us," or "our"), we are committed to ensuring that our platform is accessible to all users, including individuals with disabilities. This Accessibility Policy outlines our efforts to comply with recognized web accessibility standards and make our services usable by people of all abilities.

1. Commitment to Accessibility

We are dedicated to providing an inclusive user experience for all individuals, including those with disabilities. To ensure that Nexus One is accessible:

  • We follow the Web Content Accessibility Guidelines (WCAG) 2.1, which provide recommendations for making web content more accessible to individuals with a variety of disabilities.
  • We regularly test and update our platform to maintain and improve accessibility.

2. Accessibility Features

Nexus One incorporates the following features to support users with disabilities:

  • Keyboard Navigation: Our platform supports keyboard-only navigation for users with mobility impairments.
  • Screen Reader Compatibility: Our website is designed to be compatible with screen readers used by individuals who are blind or visually impaired.
  • Text Alternatives for Non-Text Content: We ensure that images, icons, and other non-text content have text descriptions (e.g., alt text) that screen readers can interpret.
  • Scalable Text: Users can adjust the text size to accommodate their vision preferences using browser settings or assistive technology.
  • Accessible Forms: All form fields on the platform are clearly labeled to ensure that users with assistive technology can fill out forms accurately.

3. Third-Party Tools and Accessibility

While we strive to ensure that all integrated third-party tools and services are accessible, we cannot guarantee the accessibility of third-party services or content that we do not control. However, we review the accessibility features of third-party services used on our platform and aim to work with providers that prioritize accessibility.

4. Ongoing Efforts

We recognize that web accessibility is an ongoing effort. We:

  • Continuously assess and improve the accessibility of our platform through regular audits and feedback.
  • Stay up to date with the latest developments in accessibility standards and technology.

5. Feedback and Support

We welcome feedback from users on how we can improve accessibility. If you experience any difficulties using Nexus One or have suggestions for enhancing accessibility, please contact us at Support@BrandWorks.app.

  • We will review and address any reported accessibility issues as soon as possible.
  • We strive to provide personalized assistance to users who may encounter difficulties with our platform.

6. Alternative Formats

If you are unable to access any part of the Nexus One platform or require materials in an alternative format (e.g., large print, accessible PDFs), please reach out to our support team at Support@BrandWorks.app. We will make every effort to accommodate your request in a timely manner.

7. Legal Compliance

This policy is aligned with the accessibility laws and regulations that apply to digital services, including:

  • Americans with Disabilities Act (ADA): In the United States, we strive to meet the accessibility requirements set forth by the ADA.
  • Section 508 of the Rehabilitation Act: We aim to meet Section 508 standards, which require federal agencies and their contractors to ensure that electronic and information technology is accessible to people with disabilities.

8. Review and Updates

We will periodically review and update this Accessibility Policy to ensure ongoing compliance with evolving accessibility standards. Users will be notified of significant changes through our website or email.

Contact Information

If you have any questions about this Accessibility Policy or require assistance, please contact us at support@Brandworks.app.

Third-Party Integrations Policy

Effective Date: 09-11-24

At Nexus One, operated by Brand Works ("we," "us," or "our"), we provide access to a variety of third-party services and integrations that enhance the functionality of our platform. This policy outlines how we manage these third-party services and your responsibilities when using them.

1. Overview of Third-Party Integrations

Nexus One integrates with various third-party tools and services to offer extended functionality, including but not limited to:

  • Payment Gateways: Integrations with third-party payment processors such as Stripe or PayPal to facilitate secure transactions.
  • Business Tools: Third-party applications for HR management, payroll, accounting, and other business utilities.
  • Analytics and Marketing Tools: Services like Google Analytics and Facebook Pixel for tracking and improving user experience.

These third-party services are independent entities, and their use is governed by their respective terms and privacy policies.

2. Your Responsibilities

When using third-party integrations through Nexus One, you are responsible for:

  • Reviewing Third-Party Policies: It is your responsibility to review and comply with the terms of service, privacy policies, and other applicable agreements of any third-party service you choose to integrate with Nexus One.
  • Providing Accurate Information: You must provide accurate and up-to-date information when interacting with third-party services, especially when setting up payment gateways or other business-critical tools.
  • Ensuring Compatibility: You are responsible for ensuring that any third-party tool you integrate with Nexus One is compatible with your specific use case and complies with your business needs.

3. Nexus One’s Role and Liability

While Nexus One offers integration with third-party services, our role is limited to providing access to these services. We do not control the performance, security, or data management practices of third-party providers. Therefore, we make no guarantees regarding the availability, accuracy, or reliability of these services.

Nexus One is not liable for:

  • Downtime or Errors: Any downtime, errors, or performance issues related to third-party services.
  • Data Loss or Breaches: Any data loss, breaches, or unauthorized access caused by third-party service providers.
  • Third-Party Service Changes: Any changes or updates made by third-party providers that may impact the functionality of their service within Nexus One.

You acknowledge that your relationship with these third-party providers is independent from Nexus One, and you should direct any issues or concerns to the relevant third party.

4. Third-Party Payment Processors

Nexus One uses third-party payment processors to handle transactions securely. These processors manage and store your payment information independently, and their privacy practices and terms govern the handling of this data.

Examples of third-party payment processors include:

Nexus One does not store or process any payment details directly. All financial transactions are processed through the respective third-party services, and any disputes regarding payments should be directed to the appropriate payment processor.

5. Data Sharing with Third Parties

When you use third-party integrations, certain data may be shared with the third-party providers to facilitate their services. This data may include, but is not limited to:

  • Business Information: Company name, contact information, and transaction details.
  • User Information: Names, email addresses, and other necessary personal data.

Nexus One ensures that only the necessary data is shared with third-party providers and requires that all third-party services comply with applicable data protection laws, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

6. Limitation of Liability

Nexus One provides integrations with third-party services for your convenience, but we are not responsible for any issues arising from their use. By using third-party services in conjunction with Nexus One, you acknowledge and agree to the following:

  • No Warranties: We do not make any warranties regarding the compatibility, security, or performance of third-party services.
  • Assumption of Risk: You assume all risk associated with using third-party services, including but not limited to potential data loss, service interruptions, or breaches.
  • Exclusion of Liability: Nexus One is not liable for any damages, losses, or legal claims resulting from your use of third-party services, including but not limited to indirect, incidental, or consequential damages.

7. Changes to Third-Party Integrations

Third-party services may change their functionality, terms, or availability over time. Nexus One reserves the right to modify, replace, or discontinue any third-party integrations at our discretion. In the event of such changes, we will provide notice through our website or directly within the platform.

8. Contact Us

If you have any questions about how third-party services interact with Nexus One, or if you need assistance with integration issues, please contact us at Support@BrandWorks.app.

GDPR Compliance Policy

Effective Date: 09-11-24

At Nexus One, operated by Brand Works ("we," "us," or "our"), we are committed to protecting the personal data of our users in compliance with the General Data Protection Regulation (GDPR). This policy outlines how we collect, process, and safeguard the personal data of users located in the European Economic Area (EEA) and your rights under the GDPR.

1. What is GDPR?

The GDPR is a regulation enacted by the European Union to protect the privacy and personal data of individuals within the EEA. It provides rights to individuals over their personal data and imposes obligations on organizations that process such data.

2. Data Controller

For the purposes of this policy, Brand Works, operating Nexus One, is the Data Controller. This means we determine the purposes and methods for processing your personal data.

3. Personal Data We Collect

We collect and process the following types of personal data, depending on your interactions with our platform:

  • Contact Information: Name, email address, phone number, and business information.
  • Account Information: Username, password, and billing information.
  • Technical Data: IP address, browser type, device information, and usage data.
  • Transactional Data: Payment details, purchase history, and related financial information.

We do not collect or process special categories of personal data (e.g., race, religion, health data) unless required by law or explicitly consented to by you.

4. Legal Basis for Data Processing

We process personal data in compliance with GDPR under the following legal bases:

  • Consent: When you give clear consent for us to process your personal data for specific purposes (e.g., signing up for our newsletter).
  • Contractual Obligations: When the processing of your data is necessary to fulfill a contract (e.g., to provide you with our services).
  • Legal Compliance: When processing is necessary for compliance with legal obligations (e.g., maintaining accurate business records).
  • Legitimate Interests: When processing is required to pursue our legitimate business interests, provided these are not overridden by your data protection rights (e.g., improving our services).

5. How We Use Your Personal Data

We use the personal data we collect for the following purposes:

  • Service Delivery: To provide, maintain, and improve our services, including website building, POS systems, HR tools, and payroll processing.
  • Payment Processing: To process payments and handle billing information.
  • Customer Support: To respond to inquiries and provide technical support.
  • Marketing: To send you relevant updates, promotions, and service-related communications, provided you have given your consent.
  • Compliance: To comply with legal obligations and ensure security and fraud prevention.

6. Data Sharing and Transfers

We may share your personal data with trusted third-party service providers (e.g., payment processors, cloud storage services) to help us deliver our services. We require all third-party providers to comply with GDPR and ensure the protection of your personal data.

International Transfers: If your personal data is transferred outside of the EEA (e.g., to the United States), we ensure that appropriate safeguards are in place, such as:

  • Standard Contractual Clauses approved by the European Commission.
  • Binding Corporate Rules that ensure GDPR compliance across all entities.

7. Your Rights Under GDPR

As a data subject under GDPR, you have the following rights:

  • Right of Access: You have the right to request access to the personal data we hold about you and obtain a copy of it.
  • Right to Rectification: You can request that we correct or update any inaccurate or incomplete personal data.
  • Right to Erasure (Right to be Forgotten): You can request that we delete your personal data under certain conditions (e.g., if the data is no longer necessary for the purpose it was collected).
  • Right to Restrict Processing: You can ask us to restrict the processing of your data in certain situations (e.g., while we verify the accuracy of your data).
  • Right to Data Portability: You have the right to request your personal data in a machine-readable format and transfer it to another service provider.
  • Right to Object: You can object to the processing of your personal data for specific purposes, such as direct marketing.
  • Right to Withdraw Consent: If you have given consent for data processing, you can withdraw it at any time without affecting the lawfulness of processing before the withdrawal.

8. Exercising Your Rights

To exercise any of your GDPR rights, please contact us at support@Brandworks.app with your request. We will respond to your inquiry within 30 days and take the necessary steps to address your request.

9. Data Retention

We retain personal data only for as long as necessary to fulfill the purposes outlined in this policy or as required by law. After the retention period, we will securely delete or anonymize your personal data.

For more detailed information on our data retention practices, please refer to our Data Retention Policy.

10. Data Security

We implement strict security measures to protect your personal data from unauthorized access, alteration, disclosure, or destruction. These include:

  • Encryption of data during transmission using SSL/TLS protocols.
  • Access Controls: Restricted access to personal data to authorized personnel only.
  • Regular Security Audits: We regularly review and update our security practices to ensure compliance with industry standards.

While we take every precaution to protect your personal data, no system is completely secure. If you suspect any breach of your personal data, please notify us immediately at Support@BrandWorks.app.

11. Data Breach Notification

In the event of a data breach that may pose a risk to your rights and freedoms, we will notify you and the relevant supervisory authority within 72 hours of becoming aware of the breach, in compliance with GDPR regulations.

12. Complaints

If you believe that your personal data has been processed unlawfully or that your rights under GDPR have been violated, you have the right to file a complaint with your local Data Protection Authority (DPA) or supervisory authority in the EU.

You can also contact us directly at Support@BrandWorks.app for assistance in resolving any concerns related to your personal data.

13. Changes to This Policy

We may update this GDPR Compliance Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of significant updates through email or our website.

Contact Information

If you have any questions regarding this GDPR Compliance Policy or your personal data, please contact us at Support@BrandWorks.app.